An Oyo State High Court has ruled that the Joint Admissions and Matriculation Board (JAMB) cannot compel female candidates sitting the Unified Tertiary Matriculation Examination (UTME) to remove their hijab, declaring such a requirement unconstitutional, illegal, null and void.
Justice Y. S. Adekunle, in a judgment delivered on July 20 in Suit No. I/560/2025, held that compelling Muslim female candidates to remove their hijab as a condition for writing the UTME violates their constitutionally guaranteed right to freedom of religion.
The suit was instituted by Lawal Hameedat Adenike Olamide, a minor, through her mother, Mrs Basirat Ojo-Oba, after she was allegedly prevented from sitting the April 25, 2025 UTME at a Computer-Based Test (CBT) centre unless she removed her hijab.
The court also found PEFTI Film Institute Ltd, which operated the CBT centre where the incident occurred, jointly liable with JAMB for violating the claimant’s fundamental rights.
Delivering judgment, Justice Adekunle declared that any rule requiring Muslim female candidates to remove their hijab before sitting JAMB examinations was inconsistent with the provisions of the Constitution.
“Any rules made by the defendants making removal of hijab used for religious purposes by any female candidate of Joint Admissions and Matriculation Board examination is illegal, null, void and a contradiction to the provisions of the Constitution of the Federal Republic of Nigeria, as amended,” the judge held.
The claimant had asked the court to determine whether the defendants’ policy infringed on the constitutional guarantee of freedom of thought, conscience and religion as provided under Section 38 of the 1999 Constitution (as amended).
The court resolved the issues in favour of the claimant.
Justice Adekunle further held that making the removal of the hijab a precondition for writing the examination amounted to a violation of the claimant’s fundamental human rights.
“The action of the defendants forcing the claimant to remove her hijab adorned for religious purposes and making the removal a pre-condition for her to write the Joint Admissions and Matriculation Board examination violates the claimant’s fundamental human rights guaranteed under Section 38(1), (2) and (3) of the Constitution,” the judge ruled.
As part of the reliefs granted, the court ordered JAMB and PEFTI Film Institute Ltd to issue separate letters of apology to the claimant and publish the apologies in two national daily newspapers within seven days of the judgment.
The court also awarded ₦10 million in damages against the two defendants, jointly and severally, for violating the claimant’s fundamental rights.
In addition, the court awarded ₦500,000 as the cost of the suit.
Justice Adekunle noted that although judgment had initially been fixed for July 14, 2026, delivery was postponed to enable the court consider a recent Court of Appeal judgment delivered on July 3, 2026, on a similar issue before reaching its decision.
The judgment was eventually delivered on July 20 despite the court’s annual vacation, with the consent of counsel representing the parties.
Muazatulu Ibrahim and Ishaq Gbadegesin appeared for the claimant, while Mrs E. A. Oladapo represented JAMB.
PEFTI Film Institute Ltd was not represented during the proceedings.
The judgment is expected to have significant implications for the conduct of future UTME examinations, particularly regarding the accommodation of religious attire and the protection of candidates’ constitutional rights.
